Some UK visa categories that allow the entry clearance officers leeway to apply evidential flexibility can be elaborately explained by Visa advice UK through The SmartMove2UK assistance.

The exact interpretation of the ‘Evidential flexibility’ procedure contained in the Immigration Rules about the Points Based System has been under debate for a long time and under various circumstances.

The Home Office case working officer (assessing officer) who is assessing a visa application for its merits must follow a prescribed procedure while considering the evidence submitted by the applicant in support of the said visa application. The idea behind evidential flexibility is that the applicant is given a chance to rectify any omission of evidence (provided along with their application) where such omitted evidence would have resulted in the grant of the application if it were provided. This can be done in a simple process through top immigration consultants in India Smartmove Immigration.

The Home Office guidance about evidential flexibility has undergone numerous revisions in the last decade or so but let us consider the provision which is currently in effect.

When can an assessing officer apply evidential flexibility?

When an assessing officer comes across a visa application which seems to be missing a piece of material evidence from the supporting documents provided along with the application.

However, not all circumstances under which evidence is missing may invite the application of evidential flexibility; the conditions are as follow:

  • When a visa application would be refused only on account of the missing or omitted evidence and it satisfies all other requirements as stipulated under the Immigration Rules for that specific visa category.
    • Where it is apparent (from the consideration of the remaining evidence) that such omitted evidence exists. E.g. where there is a reference to an English language test in the CAS assigned to a Tier 4 applicant and the submitted online application form but the English Language test report is missing from the evidence provided by the applicant.
    • Where there is no certainty that the missing or omitted evidence exists but it forms a part of a series of documents. E.g. bank statements covering the relevant period and some of them are missing.
    • Where there are minor mistakes in the documents provided by the applicant and all the relevant documents seem to comply with the Immigration Rules.

Under any of the above circumstances, the assessing officer is required to contact the applicant and inform them of the missing evidence and allow them 10 days to provide the said missing evidence.

Where the visa application stands to be refused (either under the specific grounds of the visa or under the general grounds for refusal) in spite of the missing evidence having been submitted, evidential flexibility is not required to be applied. The assessing officer may refuse the application and state in the refusal of the consideration given to evidential flexibility and why it could not be applied to that particular application.

If you have had an application for UK visa refused or if you would like to apply for UK visa call our UK Immigration Experts on +91 98191 27002 or email us at info@smi.legal for further queries and clarifications.

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